NO TRIABLE ISSUE OF FACT WAS RAISED BY THE BORROWER
After HSBC filed a foreclosure proceeding against RS, the bank asked the Nassau County Supreme Court -- by way of a motion for summary judgment -- for pretrial relief in its favor. And after that request was granted, RS appealed.
Because HSBC had submitted “the mortgage, the unpaid note, and evidence of [RS’s] default,” the Appellate Division, Second Department, thought that the bank had established a “prima facie entitlement to relief,” which RS had failed to appropriately oppose.
Absent a “triable issue of fact,” the underlying outcome was affirmed.
Think RS took note of that?
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DECISION